United States – Jewish Relationships Initiative

Miranda wasn’t a hero What his case represented was heroic

Have you informed him of his Miranda Rights?

It’s deeply embedded in our understanding of the system.

“You have the right to remain silent; anything you say can and will be used against you…” Many of us can even repeat the words quoted at every arrest and in every cop show we watch on TV.

Miranda was somewhat of a lowlife. He confessed to rape, but that conviction was overturned because the Supreme Court determined his confession was improper. Miranda was tried without his confession and subsequently convicted.

Protection from self-incrimination is regarded as a fundamental right under our principle of innocent until proven guilty. This right is enshrined in the 5^th Amendment, which explicitly safeguards individuals against self-incrimination. Additional protections also exist, including the right to counsel and due process as established in the 6^th and 14^th Amendments, respectively. It is the responsibility of the government to prove guilt, not the obligation of the defendant to prove innocence. This distinction makes our system unique and enviable.

We are willing to let a guilty person go free rather than wrongfully convict an innocent individual. This means that sometimes bad guys “get away with it” because we want to protect the innocent. The system is flawed and abused. However, this sets us apart from many other legal systems and is the envy of the free world, limiting the government’s power from steamrolling over whoever it decides to target. These rights were denied to Abrego Garcia when he was abruptly taken to a maximum-security prison in El Salvador.

It is not that Abrego Garcia is a good guy or a bad guy. He has never had access to the protections our system offers. Bring him back into the legal system for proper adjudication. Present the evidence, make the arguments, and let the chips fall where they may. We cannot risk the implications of denying Abrego Garcia his rights; we could only ask, Who’s Next?

A Statement of Jewish Beliefs

Reform Rabbis and Cantors are signing this statement of Jewish Beliefs. I am proud to be among them.

In this time of swirling events and governmental chaos, it is important to remind ourselves of our core beliefs as American Jews. These are some of the values we hold dear and which guide our lives and our actions.

We believe that all people are the children of God, endowed with holiness, all equal in value. (Gen. 1:27)
We believe in welcoming the stranger, the alien in our midst, the one who lives with us. (Lev. 19:33) We are commanded to love the stranger as ourselves. We are a people of repeated migrations, descended from strangers in Egypt.
We believe in honesty, commanded not to bear false witness (Ex. 20:13, Lev. 19:11)
We believe in listening respectfully, valuing the ideas of those who disagree, and seeking peace. (Avot 1:12, 1:18)
We believe in fairness in business and all transactions: not engaging in fraud, paying workers promptly, honestly representing what is offered. (Lev.19:13; 19:35-6)
We believe in respect for others, especially for the strangers among us, for elders and those less fortunate, and all who struggle. We are commanded not to take advantage of the weakness of others, not to place a stumbling block before the blind. (Lev. 19:32; 19:14) We feel it is important to engage in acts of kindness and believe that we are in relationship with all people and should behave with compassion and empathy. (Avot 1:2)
We call what we give to others tzedakah, giving based on justice. We believe in the importance of compassion, but what we give to others in need is based on seeking justice in society.
We believe in knowledge and the exchange of ideas, including minority viewpoints. We value learning and the advancement of knowledge, in science, in literature, sacred and secular. (Avot 1:16)
We believe in respecting and caring for our world, for tending the land and acting as dedicated stewards. (Gen 1:29-30 and Lev. 19:23 ff.)

We cherish the religious freedom in the United States and celebrate the diversity of beliefs and practices in our country. We deeply value the American Constitutional guarantees separating religion and state that have made possible the flourishing of all religions in our country.

Parshah Terumah- A deeper timely meaning

The key to a deeper message in Terumah, or Offering, is the phrase:

“They shall make for me a sanctuary that I shall dwell among them.”

The people bring contributions, or offerings, of precious items, Gold, Silver, copper, spices and gems, wool, animal skins, olive wood- precious materials- they bring so much that Moses needs to ask them to stop bringing any more. And then, they proceed to build an elaborate Mishkan, a Home for God to dwell amongst the people. This comes after two previous Parshiot discussions on the Ten Commandments and the Mishpatim, the details of the laws, and notably the application of Law without bias, that create a civil society as the people coalesce into a nation.

This has modern implications—not that any of you need to bring some olive wood to work or offer your wedding bands for ornamentation.

It IS about embracing the idea that this was to be a nation of Laws sanctified by God’s presence. People actively accepted this covenantal relationship with God and the law’s central importance so they could live together. The idea that the Mishkan could be readily moved from one location to another– that there was portability means that the law went wherever the people were. And it was the same law whether they lived in the desert of the Midbar or the Promised Land.

We are currently struggling with the notion that we are a nation of laws. For some, the law is just only when it rules favorably for them and unjust when it does not or even limits what they want to do. Trust in the system has been the bedrock of the national and local judiciary. The dedication to the ideal of serving justice, although not always lived up to it, was still the notion that kept our faith in the judicial institutions. This is evidenced by the enforcement of rulings of law by another branch of government operating in support of this institution. The erosion of trust, the questioning of authority, and the attack on judges and institutions all seriously undermine the capacity of the courts to hold civil society together. The other branches of government have been held in check in a system expressly set up to keep guardrails in place when other branches of government step too far outside their lanes.

The system is flawed and has much room for improvement. Equitable application of the law for all is not a practical reality. An overwhelmed court system struggles to seek and deliver justice. Although “efficient,” Plea deals often deny justice for the poor, and outcomes are too frequently based on the accused’s ability to hire the best legal representation. The jury system is under pressure since serving is often seen as a burden rather than a responsibility and privilege of citizenship.

As Lady Justice depicts, the court should be a special and sacred place where justice is dispensed based on the merits. However, the system seems to be abused by the wealthy and against the poor. A lack of civics education contributes to a population that is unappreciative of its importance in maintaining civil society.

We need capable courts that enjoy the full support of the people. Although our system is resilient, it can only tolerate so much stress. As the new nation birthed at Sinai, our nation and government require its people from which to derive its legitimacy and also shine as a beacon to the world. Our challenge is to imbue society with the embrace of the courts as a foundation for our way of life. We must ensure jurists are seen as above reproach and incorruptible and that the dispensing of justice and the enforcement of the court’s rulings is done so that a nation of laws believes in this sacred covenant, maintaining a vibrant, healthy society.

Disastrous Brinksmanship

On the checkboard of foreign policy, we are careening to a terrible end.

Hamas’ delay of the planned hostage release this week, combined with the horrible physical condition of the returned hostages, outraged Trump to set a Saturday deadline for the return of all hostages or else. Netanyahu, already under internal pressure, has now threatened the resumption of brutal war in Gaza. This leaves two options for Hamas: capitulate to the threats or defy them. Defiance likely would be killing some or all of the hostages.

Although Hamas does not respect human life, sending the message of defiance is the only opportunity to demonstrate resilience and, in the opinions of many, victory. The hostages and the Palestinians will be readily sacrificed in the name of ideology.

This is a dangerous game, ultimately without winners, only losers. Hopefully, leaders will step forward to pull back from the precipice. This requires courage, a bold vision for moving forward, and the support of countries genuinely interested in peace.

How do you serve someone who does not respect you?

Trump’s politicization of the plane crash in D.C., blaming it on Biden’s DEI policies, is not only unfounded but also a poor demonstration of what it means to be Commander in Chief. His remarks have insulted the men and women of the Armed Forces, and his anti-trans military ideology is equally counterproductive. Those serving our nation train under demanding standards, earning their positions daily. Despite the antics, those who wear the uniform continue to serve. There is an important lesson we must recognize.

Those who wear the uniform take an oath to the Constitution, not to an individual. So, despite the incompetency, they respect a chain of command in service to something greater than themselves and not the whims of a person in power. This ability to remain clear-headed in the fog that has been created is something we can all learn from.

Proud, courageous, and selfless individuals serve our nation. They look beyond the obstacles in their path toward a larger, more significant goal. Their leadership and commitment inspire us and serve as examples for everyone. Even in uncertain times like these, we can see past the immediate chaos and continue championing our cherished core values.

Thank you for your service.

Let’s call out the Nazis–That isn’t Elon Musk.

We need to pause and take a breath.

With Donald Trump entering the second day of his term, many of us are beside ourselves with worry that modern democratic civilization is ending. We have many causes for alarm, but Elon Musk’s emotional gesture at a Trump victory lap rally inauguration event isn’t one. Remember his jumping exuberantly on the stage – it might be just that again.

As a teacher of mine once remarked, “If you are a hammer, then everything appears to be a nail.” We do ourselves and our values a great disservice if we interpret everything as an attack. This is a call for calm. Many political battles will be fought over the direction and policies of this country. However, we will become exhausted if we treat everything as a cause for alarm, and we will lose credibility when the time for serious debates arises.

No, Elon Musk didn’t offer a Nazi Salute.

Give Me Your Tired, Your Poor

Emma Lazarus’ famous words, inscribed at the base of the Statue of Liberty, beckon the forgotten and desperate to look towards America. Our economy is based on everyone’s contribution.

Elon Musk recognizes the need for highly skilled workers, the ‘Gifted-Minds,’ to advance productivity in our economy. He advocates for the immigration of such workers, including expanding H1B visas. However, the United States also requires physically capable workers, the “Abled-Bodies.” As much as we need engineers and scientists, we need skilled and unskilled labor for the fields, factories, and construction. Without these workers, the supply of goods and products will decrease, pushing higher prices. Even in Musk’s vision of a new technological age, we need both kinds of workers.

The unskilled view us as a land of opportunity. A functioning immigration system managing the process benefits our economy and promotes their well-being. The current system exploits workers in the worst of ways while giving us cheap food. A comprehensive system, regulations, and unionization are ways to ensure they are not exploited in the dark meaning of the word.

Arguably, the shift toward a fair living wage benefits all of us. The increased costs of a legitimate worker are offset by the reduced support people need from public assistance and the reduced burdens of immigration and the legal system, which creates taxpayers. However, a comprehensive immigration policy that promotes lawful access to our country’s opportunities is not enough; we need to go further.

The undocumented immigrants are fleeing their desperate homelands in search of economic opportunities. This is a familiar narrative. The same prospects drove many of our families to take the enormous risks of coming here. It is in our national interest to foster stable societies in these otherwise despairing and hopeless regions. By doing so, we can reduce the need to flee and alleviate the pressures on our borders.

We can and must do better than a broken system that functions as a battleground for political parties. We can strengthen our borders, build better relationships with our neighbors, and, just as importantly, create a more dynamic economy right here at home. The promise of Emma Lazarus’s words continues to inspire a new vision for America and hope for the future.

A Prayer for Our Country Before Election Day 2024

Our God and God of our ancestors, with hope and humility we approach Election Day, the day on which We the People will choose the individuals who will govern our nation, our states, and our communities.

You have abundantly blessed the United States of America with freedom, security, prosperity, and the right to democratic self-government. You made it possible for the founders of our country to fulfill the command of Your Torah, to “proclaim liberty throughout the land, and unto all the inhabitants thereof.”

Daily we pray to You to restore our leaders as in former times. On this Election Day, help us to remember that in America we are responsible for choosing our own leaders, and that the survival of our democracy, and the well-being of generations of Americans to come, depend upon the care we take in those choices.

Daily we pray to You for knowledge, discernment and wisdom. On this Election Day grant us those blessings in full, so that we may consider our choices with knowledge and vote with discernment and wisdom, with the best interests of our country and our communities in mind.

Daily we pray to You to subdue the arrogant in our time. On Election Day, and every day, help us to subdue the arrogance within ourselves. Open our hearts and minds to consider the opinions of our fellow citizens, as we call upon them to consider ours.

Strengthen our will to fulfill our duties to our country and to one another. To exercise our precious right to vote. And to do all we can to ensure that every legal vote is counted, regardless of the candidate or party for whom it is cast.

May it be Your will that our decisions this Election Day preserve this country as a wellspring of liberty and a beacon of tolerance and democracy for the entire world.

And let us say Amen.

A prayer for Memorial Day

Our God and God of our ancestors, as we [prepare to] observe another Memorial Day in America, bless us with the gifts of memory and understanding, that we may appreciate the true meaning of this [that] day, an annual occasion to honor the brave men and women who gave their lives for our country and for their fellow citizens.
	God of compassion, let those who made the ultimate sacrifice, so that we may live in freedom, rest in peace, honored by a grateful nation. Remember their parents, partners, children and all the loved ones they left behind. Protect and comfort them; bring them peace.
	God of justice, remind us of the debt we owe to those who lost their lives in the defense of our nation, and to the families that go on without them. Fill the heart of every American with pride in those who served, and caring concern for their survivors.
	May it be Your will that every American be re-dedicated to the task of building a nation worthy of the sacrifices made by our honored dead. And may it be Your will, also, that all of us pursue a just peace throughout the world, so that no more lives are lost in armed conflict anywhere in Your creation.
by David Abernethy David Abernethy practices law in the Philadelphia area and is a member of the Beth Am Israel community in Penn Valley, Pennsylvania.	And let us say Amen.

Gun violence is a deadly issue, but a symptom.

We often forget or become numb to how commonplace the daily carnage has become.

And because of our numbness, we require a mass casualty event to jolt our senses and awareness.

Sadly, this means that the lives of all the individuals murdered go unnoticed. The tragic loss of children becomes part of the daily process, cold statistics not unlike the cold bodies left in the wake of this national nightmare.

We must accept that although many consider shooting a sport (hunting, target practice, etc.), the purpose of a gun is to serve as a deadly weapon. A gun is used to kill. And outside the hunter’s blind or shooting range, most guns ultimately aim at people, and people die.

There are many reasons for the prevalence of guns and the ensuing gun violence. But at its core is a fundamental rejection of a basic premise of our society, namely, we are a nation of laws. If those laws are not applied rigorously and uniformly, then grievance arises, and the need to take the law into our own hands ensues.

The mass shooters and street thugs flout the law, and the victims ultimately pay the price of a society unable or unwilling to abide by its own standards of civility.

Taking the guns off the streets is a fantasy or perhaps just a fool’s errand. Only when we fully commit to a holistic approach that requires defending the weak and addressing the issues underlying the reasons people turn to guns, including mental health, lax enforcement of the law, political expediency, and twisting the Second Amendment to paralyze serious conversations, might we as a society begin the process of confronting and vanquishing this scourge.

As the co-chair of the Domestic Affairs Committee of the JCRC of Greater Philadelphia, we are committing ourselves to the issue of Gun Responsibility within the greater context of a Safe Cities Initiative. Our safe city approach is complex and challenging and without a quick fix. But the longer-term payoffs are significant. So I hope we can galvanize our community to engage in this hard work on behalf of all of us.

by David Abernethy